ACHIMOTA PREPARATORY & J.H.S. vs. FOURTH LUCKY ESTATE COMPANY

JUDGMENT There is no dispute about the fact that the parties in this case have a common grantor which is the State Housing Company Ltd. The Plaintiff’s case is that it was originally based close to Achimota Secondary School and its expansion was constrained by limitation of space. It therefore acquired additional land at New Achimota for the purposes of expansion for construction of further classrooms, residential apartments and bungalows for staff. It fenced the said land it acquired and put a gate to it with padlocks. Without the knowledge of the Plaintiff, the Defendants invaded and broke into the wall and started erecting illegal structures. The Plaintiff approached the Defendants politely and told them to stop the trespassory acts but the Defendants failed to pay heed. The Plaintiff therefore instituted this action claiming the following reliefs: a) Declaration of title to the piece or parcel of land situate at New Achimota, bounded on the north by an open space measuring .....